§ 56-18. Applicability of uses

(a) Definitions. Pursuant to 26 USC 5845(d), as amended, the following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Shotgun means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned or made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore any number of projectiles (ball shot) for each pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed shotgun shell.

(b) Exceptions. Nothing in this ordinance shall be construed to apply to persons discharging a shotgun on premises larger than 2½ acres in size, or in platted subdivisions containing lots of at least 2½ acres in size, if the premises are not a public place, as defined in V.T.C.A., Penal Code § 1.07, and:

(1) The person has permission of the owner of the premises;

(2) The person is discharging the shotgun for the limited purpose of hunting;

(3) The person holds a valid hunting license and the person is not hunting out of season;

(4) The person does not violate any provision of V.T.C.A., Penal Code § 42.01; and

(5) The discharge of the shotgun does not pose an imminent threat of destruction of property or injury to a person.

(Ord. No. 2006-24, § 3, 12-27-2006)